Schober offers you a unique range of address selection criteria. Thus you can create your target group exactly according to your needs.
The prices of the addresses you select are determined individually according to the purchase quantity you choose and the accompanying additional information.
Advantage to you: at Schober Addresses ONLINE, only seconds after the start of the address count of your potential target group, you receive a non-binding offer with the exact numbers and prices of your selected addresses.
Standard Terms and Conditions (current as of: 01/2009)
These General Terms and Conditions (GTC) alone shall apply to all contracts entered into with us regarding
our products and services. We hereby reject the applicability of customers’ General Terms and Conditions.
1. Offer and legal validity
Our offers shall be binding for a period of 30 days from the date of the offer. Contracts shall be deemed to have been entered into at the latest a) upon receipt of acceptance of our offer from the customer; or b) upon dispatch of our order confirmation to the customer or c) upon provision of our products and services.
Unless stated otherwise in the offer, the prices for our products and services shall correspond to the price lists in our latest respective catalogue. Special versions shall not be included in catalogue prices. Likewise, VAT, postage and packaging shall not be included.
3. Terms of payment
In cases where we do not ask for advance payment, all our invoices shall be payable without any deduction within 30 days of issue.
4. Right of withdrawal
We shall be entitled to withdraw from the contract for good reason with immediate effect and to withhold products and services not yet provided. Should we withdraw from the contract, the customer shall pay for any services already rendered. Good cause for withdrawal shall be deemed to exist in particular if
a) our products and services are used for unlawful or immoral purposes, our industry’s ethical code is infringed or there is a risk of addresses being misused
b) our service is not used to advertise the agreed offer or our addresses are not processed at the agreed place
c) there is reasonable doubt of the customer’s ability to pay and an advance payment requested by us is not made.
5. Addresses, quantity and returns
We shall organise, maintain and select the addresses that we provide with great care. Despite constant updating and revision, we can accept no responsibility for the completeness of certain address groups.
Wastage due to non-selective advertising and returns resulting from postal inaccuracies are unavoidable and shall not constitute a defect, provided that the standard error rate for the industry of 4% for private addresses and 2% for company addresses defined by the Schweizerischer Direktmarketing Verband (Swiss Direct Marketing Association) is not exceeded. The Schober Information Group shall provide compensation for returns in every case from an error rate of as little as 2% of the total quantity. In this case, the basic address price, not including postage, shall be reimbursed, provided the envelopes or postcards with the relevant postmarks are sent to us within eight weeks of delivery. In this way, the number of returns shall be determined and the addresses adjusted in our database. Compensation shall not be provided for returns falling below the error rate of 2% or returns marked “acceptance declined” or “not collected”.
Third party mailing list subscriptions (list broking) and the mailing list subscriptions of Schober subsidiaries abroad shall be excepted from the abovementioned rule on compensation. In this case, the GTC of the respective subscription agency shall apply.
The quantities shown in our offers, price lists and order confirmations are only a guide. For our service and costing, the number of addresses actually selected and supplied for the respective order shall be definitive.
The number of addresses specified in our offers may change after the order confirmation due to constant additions and removals right up to the date of delivery. We shall invoice for the number of addresses actually supplied. If we have stipulated a minimum order value in our offer, this shall be the lower price limit.
6. Performance of the order
Upon handover of our product or service to the postal services or carrier, the order shall be deemed to have been carried out at the place of handover (place of performance). In the event of electronic data transfer, the date of dispatch shall be definitive, provided we receive no error message in response to our mailing. Transport insurance shall be taken out only at the customer’s written request and at its expense.
7. Delivery terms and dates
The agreed delivery dates shall be kept to where possible. In the case of force majeure, strikes, stoppages through no fault of our own as well any delay suffered by our own suppliers, the period of grace shall be extended for the duration of these incidents. There shall be no appointment of a grace period or revocation of contract in the event of fixed-date orders. Only orders for which the granting of a later delivery date is expressly excluded and for which this exclusion has been expressly confirmed by us in writing shall be deemed to be fixed-date orders.
8. Warranty and liability
The customer is to check the addresses surrendered to it immediately following handover of the object of the delivery. Any defects are to be reported in writing within 14 days of delivery (cf. Point 7). Hidden defects are to be reported in writing immediately following discovery. The provision regarding returns is reserved.
In the event of notice of defects in good time (within 14 days), we shall be obliged to supply an appropriate replacement. The right to conversion and reduction shall expressly be excluded.
In the event of defects concerning list broker addresses (addresses purchased from third parties), we hereby assign our claims against the address broker to the customer in discharge of our obligation to pay compensation. Furthermore, any liability for damages over and above the aforementioned terms, especially for expenses incurred by the customer or loss of earnings, shall be excluded where legally permissible.
The customer alone shall bear the responsibility for the contents and distribution of its advertisement not breaching legal requirements, offending common decency or infringing the rights of third parties. The same shall apply to the forwarding of the internal or external newsletter via e-mail carried out by us as instructed.
Where claims are made against us by third parties on the grounds of the contents and/or distribution of our customer’s advertisements, the customer shall be obliged to exempt us immediately from all such claims and hold us fully safe and harmless.
9. Permissible use of addresses
The addresses supplied by us may only be used to the extent and for the purpose agreed in the contract. Any use of addresses over and above the terms of the contract (including GTC), shall be deemed to be use contrary to the terms of the contract. In the event of use contrary to the terms of the contract, the customer shall be obliged to compensate us fully for any damage incurred by us and to exempt us fully from third-party claims.
We shall be entitled, in the event of the use of the supplied addresses contrary to the terms of the contract, instead of compensation for damage actually incurred, alternatively to demand a penalty for breach of contract to the tune of ten times the price of the addresses used contrary to the terms of the contract.
10. Prohibited use of the addresses
The customer is to observe the legal requirements when using the address data made available to it. These shall, in particular, be the relevant provisions of copyright, competition and data protection law (see below).
Our addresses may not be used for combined advertising, i.e. for the joint dispatch of promotional material of several companies.
The addresses supplied by us and other data shall be protected by copyright (database copyright protection). The corresponding property rights and copyrights shall remain with us. The customer shall use the addresses exclusively for particular advertising activities on the basis of a licence restricted in time, place and content.
The addresses may not be copied or duplicated. They may not be sold, rented out or otherwise surrendered to third parties. The addresses may not be changed. Compliance with these conditions of use can be monitored with the aid of control addresses.
Addresses in paper, electronic or optical format are to be destroyed within 10 days of the end of the contractually agreed use. The addresses of persons who respond to the customer’s advertisement and place an order shall be excepted. Such addresses may be used again within the scope of particular business activities.
Without our explicit consent, our addresses may not be compared with the customer’s own addresses with a view to gleaning previously unknown details. In particular, the customer is to refrain from creating personality profiles (compiling data which allows significant aspects of the personality of a private individual to be assessed).
Unless otherwise agreed with the customer regarding use, all Schober company addresses that we provide shall be designated for unrestricted frequent use for particular purposes within a year of delivery. Where multiple use has not been agreed in writing for Schober private addresses, all Schober private addresses supplied by us are designated only for one-time use and for the customer’s own requirements. If the customer is a list broker, the addresses shall be handed over to it for one-time supply to an end user. All the aforementioned terms shall likewise apply to a customer acting as a list broker. The list broker shall, moreover, impose upon its end user obligations commensurate with these terms with regard to its use and ensure that these are complied with. The list broker shall be liable to us for all losses incurred by us as a consequence of the use of addresses by the end user contrary to the terms of the agreement.
11. Withdrawal of addresses supplied
Address collections supplied cannot be withdrawn. We have already provided our service on selecting and disclosing addresses. This is to be paid for in accordance with the agreement.
12. Relinquishment of set-off
On entering into the agreement, the customer shall relinquish its right of set-off and retention. In particular, it shall not be entitled to make incomplete payments on the grounds of complaints which we have not accepted, or to offset our claims against its claims.
13. Limits under data protection law
We cannot guarantee that all addresses and other data are correct. This shall apply particularly in the case of address broking. In the case of addresses and other data from third parties (address broking), we rely on the third parties having procured the data in compliance with data protection and having been authorised to pass them on to us for a designated purpose. We shall accept no responsibility whatsoever for damage arising from unauthorised data processing and, in particular, from the passing on of inapplicable data. Liability for intent and gross negligence is reserved.
The passing on of data to the customer shall be deemed to be the transfer of data between two owners of a data collection within the meaning of the Swiss Data Protection Act. In accordance with that Act, the customer itself shall be fully responsible for compliance with data protection regulations and shall, in particular, be obliged to provide affected persons with information on data processing upon request.
All information from the customer’s business area which is not generally accessible or public shall be treated as confidential.
The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. Instead of the invalid provisions, a legally permissible provision similar in spirit and financial purpose shall come into force.
16. Applicable law and jurisdiction
The contract entered into, including these GTC, shall be subject solely to Swiss substantive law. Only courts at the Schober company’s registered office shall be competent to judge disputes arising in connection with this contract. We shall, however, also be entitled to bring action against the customer at its registered office.
These General Terms and Conditions shall replace the previous GTC. We shall reserve the right to amend the GTC at a later date and to inform the customer of this in an appropriate manner.
Data protection guidelines
These data protection guidelines are to inform you what data we record, how we use it and under what circumstances we pass it on.
1. Registration data
All customer details are treated in line with the BDSG [Federal German Data Protection Act] and the TMG [Teleservices Data Protection Act] When you register in the application , for instance, in order to store your address count permanently, or to order data, you are requested to provide certain details, including your name, e-mail address and postal address. All these details are only used for the purposes of your order and in order to keep you informed about the status of your order. If you choose to pay by credit card, during the process we require the credit card number and the expiry date – however, this data is not stored. All the information you enter is protected by the SSL encryption process. SSL encodes the data transferred in such a way that it is unreadable by third persons who might try to intercept it. Further details entered when you register are voluntary and help us to optimise our services to you. Only after the commencement of a business relationship may you possibly receive from us further relevant information, and you are free at any time to reject this information being sent to you. You are entitled to receive at any time free of charge information about your details stored with us or to have them deleted - please inform us by post, fax or e-mail at: firstname.lastname@example.org
2. Disclosure of personal details to third parties
We use your personal details solely to process your order or for business contact with you. Consequently. we do not pass on data to third parties. Exceptions are only permitted in an official enquiry, to comply with legal regulations or in order to defend our copyright or other rights. We take the appropriate technical and organisational steps to protect the information we have been entrusted with from unauthorised access.
3. Visitor details
When you visit our website , your browser transmits your IP address to our web server. We record this and the activities that are carried out from your computer in our application. This information is passed on solely in the event of misuse of data supplied by us, if necessary to the law enforcement agencies. We may use your IP address during your visit to look for information on your company in public databanks which helps us to optimise the services we offer. Any information established in this process is used exclusively in line with the German laws on personal data. Naturally, no information on you as a private individual is searched for nor stored.
4. Cookies and 1-Pixel-GIFs
Would you like to save your address count?
You want to add more selection groups, etc. .
|Attach new selection group|
|Copy current selection group|
|Delete current selection group|
Do you wish to exclude from the selection those addresses that you have already downloaded?This function is only available to registered users, which did already downloads. Those will be displayed in this dialogue to set them as a filter. If you have already an account – maybe you are just not logged in...
In order to check the precision of your target group selection, here you can see some data sets. The addresses here are abbreviated. If you download them, you will of course receive complete data sets, including any decision-makers and contact details you have selected.
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